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(영문) 서울중앙지방법원 2014.01.27 2013가단5031611

부당이득금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The disposition of imposing indemnity under Article 72(1) of the State Property Act regarding the legality of the instant lawsuit is an administrative disposition imposed on the person who uses any State property without permission by the relevant office of administration. According to Article 73(2) of the same Act, in a case where any unauthorized user of state property fails to pay indemnity, the pertinent office of administration shall delegate it to the head of the competent tax office or the head of the competent local government to collect it pursuant to the provisions on the disposition of arrears under the National Tax Collection Act. Thus, the claim of indemnity based on the disposition of imposing

(2) The Plaintiff, upon being entrusted with the office of general administration with the affairs pertaining to the management and disposal of the real estate of this case pursuant to the State Property Act, has been entrusted with the affairs pertaining to the management and disposal of the real estate of this case. The Plaintiff, upon being entrusted with the office of general administration with the affairs pertaining to state property pursuant to the State Property Act, imposed indemnity of KRW 8,45,050 for the period from January 1, 2007 to December 31, 2007, and KRW 21,624,70 for the purpose of calculating the amount of indemnity of this case as the claim for unjust enrichment of Article 28 of the State Property Act, based on the following circumstances: < Amended by Presidential Decree No. 20190, Dec. 31, 2008; Presidential Decree No. 20130, Jan. 1, 2008; Presidential Decree No. 22020, Dec. 31, 2009>

Therefore, the plaintiff's lawsuit of this case is filed.